Sunshine Residency v. Deputy State Tax Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2026

CORAM

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP Nos.36164 and 12044 of 2024 W.P.No.36164 of 2024

1. Indian Association Of Dermatologists, Venereologists And Leprologists-tamil Nadu Branch, Rep. By Its President, Regn.S.No.13./2011, No.

322(808)2b, Periyar Evr Salai,Kilpauk, Chennai -600 010 Petitioner(s) Vs

1. Union Of India Represented By Its Secretary, Ministry Of Health And Family Welfare, A-wing, Niraman Bhawan, Maulana Azad Road, New Delhi -110 001.

2.The State Of Tamil Nadu, Represented By Its Secretary To Government, Department Of Health And Family Welfare, Fort St. George, Chennai -600 009.

3.National Medical Commission, Represented By Its Secretary, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi -110 077.

4.Dental Council Of India, Represented By Its Secretary, National Dental Commission Building, Plot No. 14, Near Sangam Cincems, Sector-9, Rama Krishna Puram, New Delhi -110 022.

5.The Tamil Nadu Medical Council , Represented By Its Registrar, No.

959 And 960, Poonamallee High Road, Purasaiwakkam, Chennai -600 084, (near Egmroe Csi Weley Church), 6.The Tamil Nadu Dental Council, Represented By Its Registrar, 5-03, Arihant Majestic Towers, 216, 100 Feet Road, Jai Nagar, Koyambedu, Chennai -600 107.

Respondent(s) For Petitioner(s):

Mr. S.Mahimai Raj For Respondent(s):Mr. K.S.Jeyaganeshan For R1.

Mr. E.Vijay Anand Addl. Govt. Pleader For R2.

Ms. Shubharanjani Ananth Stdg.

Counsel For R3.

Mr. Subramanian Vaidyanathan For R4.

Mr. U.Baranidharan For R5.

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) In W.P.No.36164 of 2024, the guidelines dated 06.12.2022 issued by the Dental Council of India authorising practice of Aesthetic and Hair Transplant procedures for Oral and Maxillofacial Surgeons are under challenge.

2. According to the petitioner, Oral and Maxillofacial Surgeons are not authorised under the law to undertake and practice Aesthetic and Hair Transplant procedures, as it is not under the domain of Dental Council of India, but National Medical Commission.

3. The Dental Council of India and the National Medical Commission, who have filed their respective counter-affidavits, have taken contrary stands and if we may say so, are at loggerheads.

4. The matter requires consideration by a team of experts as may be appointed by the Central Government.

5. Shri Jeyaganeshan, learned counsel representing the first respondent/Union of India, Ministry of Health and Family Welfare, is granted four weeks' time to file his reply and also submit as to how the conflict is to be resolved through opinion of experts. List on 19.02.2026.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 21.01.2026 sra

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

(sra) WP Nos.36164 and 12044 of 2024 21.01.2026